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HomeMy WebLinkAbout20032851.tiff RESOLUTION RE: APPROVE LEASE AGREEMENT FOR WELD COUNTY LEARNING LAB AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF COLORADO, BUENO CENTER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Lease Agreement for Weld County Learning Lab between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Employment Services of Weld County, and the University of Colorado, BUENO Center, commencing September 1, 2003, and ending June 30, 2004, with further terms and conditions being as stated in said lease agreement, and WHEREAS, after review, the Board deems it advisable to approve said lease agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Lease Agreement for Weld County Learning Lab between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Employment Services of Weld County, and the University of Colorado, BUENO Center be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said lease agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of October, A.D., 2003, nunc pro tunc September 1, 2003. B D OF COUNTY COMMISSIONERS WE COUNTY, CO RADO • t✓ �Liadiel- D id E. Lon,,,��G, Chair r� .l•�.���perk to the Board 1861 (( �� ' _. Robe . Masden, Pro-Tem k to the Board et{j/ Op?p ° " M. J. Geile APP D AS T • /��VvliCi William H. Jerk ty Attor� Ali 44/Y3 Glenn as Date of signature: 2003-2851 HR0074 (0 LEASE AGREEMENT BETWEEN WELD COUNTY DIVISION OF HUMAN SERVICES' EMPLOYMENT SERVICES OF WELD COUNTY AND DLL UNIVERSITY OF COLORADO—BUENO CENTER This lease is made and entered into this 1'`day of September, 2003, by and between The University of Colorado BUENO Center, hereinafter referred to as"Lessee"and the Board of County Commissioners of Weld County, Colorado,on behalf of the Weld County Division of Human Services' Employment Services of Weld County, hereinafter referred to as"Lessor". WHEREAS,the lessor owns the premises known as Weld County Learning Lab, located at 1555 North 17th Avenue, Greeley, Colorado, and; WHEREAS,the lessor desires to lease two rooms of said building to the lessee for use in the General Equivalency Diploma(GED)Program. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows; 1. Premises The Lessee hereby leases from the Lessor, one classroom for two classes, one in the morning and the other in the evening in the Learning Lab located on the first floor of the building, and office space for the Coordinator/Instructor of BUENO-HEP. 2. Term The term of the lease shall be for a period of ten months commencing September 2003,through June 30, 2004. The parties, on mutual agreement, may renew the term for additional one-year periods, but only upon the Lessee giving the Lessor thirty(30)day's notice of its intention to renew the lease prior to the end of the current term. 3. Rent Rent shall be in the amount of One Hundred Fifty Dollars ($150)per month, payable on a monthly basis. 4. Common Area The Lessee shall have access to the common areas in the Learning Lab. 5. Modifications The Lessor shall, at its' own expense, provide access to telephone charges. 6. Damages The Inn agrees to keep said building space in as good repair as it was found upon occupation by Lessee. Lessee shall not commit any damage or destruction to the premises it occupies, or to any part of the building. Lessee agrees to promptly pay for damages caused by the Lessee which are not considered ordinary wear and tear. 7. Utilities Lessor shall provide water, sewer,trash removal, landscape maintenance, heat and electrical service. 2 ' Lease Agreement Between Weld County Division of Human Services' Employment Services of Weld County and the University of Colorado—BUENO-Center 8. Lessee's Property Lessor shall not be responsible for the damage or destruction of Lessee's property,unless caused by the negligence of the Lessor. 9. Use of Property Lessee shall use the premises for lawful purposes and only for the purposes of operating classroom activities. Lessee shall be issued keys to the building for night activities and will be responsible for security of keys and closure of the building per Lessor instruction. 10. Limitations The Lessee agrees that it is an independent contractor and that its officers, employees and clients do not become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as a result of the execution of this agreement. 11. Liability Lessee,University of Colorado—BUENO Center,its officers and employees shall not be held liable for injuries or damages caused by any negligent acts of omissions of the Lessor, its employees, volunteers or agents while performing this agreement. The Insor, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts of omissions of Lessee or its employees, volunteers or agents while performing functions as described in this agreement. The Lessee shall provide adequate liability and worker's compensation insurance for all of its employees,volunteers, or agents engaged in the performance of this agreement, as required by the Colorado Worker's Compensation Act. Likewise,Lessee,by and through The University of Colorado, shall provide adequate liability and worker's compensation insurance for all employees of Lessee engaged in the performance of this agreement. 12. Conflict of Interest No officer, member or employee of Weld County and no member of their governing bodies shall have pecuniary interest, direct or indirect, in the approved agreement or the proceeds thereof. 13. Contract Supervision The Lessee understands that the Weld County Division of Human Services shall conduct monitoring and evaluation of the performance of this agreement with the results provided to the Weld County Board of Commissioners. 14. Discrimination The Lessor and Lessee assure compliance with the Title VI of the Civil Rights Act of 1986,that no person shall, on the grounds of race, creed, color, sex, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the approved agreement. 3 Lease Agreement Between Weld County Division of Human Services' Employment Services of Weld County and the University of Colorado—BUENO-Center 15.Waiver No portion of this agreement shall be deemed to constitute a waiver of any immunities of the parties,their officers or employers may posses, nor shall any portion of this agreement be deemed to have created a duty of care with respect to any persons not of this party to this agreement. 16.Budget Limitations No portion of this agreement shall be deemed to have created an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriate in each succeeding year. 17. Severability If any term or condition of this agreement will be held to be invalid, illegal, or unenforceable,this agreement will be construed and enforced without such provision to the extent that this agreement is then capable of execution within the original intent of the parties hereto. 18. Termination Notwithstanding the provisions of paragraph 2, concerning the term of this Lease Agreement,this agreement may be terminated at any time by either party giving a thirty(30)day notice and is subject to finding. 19.Entire Agreement The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. IN WITNESS WHEREOF,the parties hereunto have caused this Agreement to be duly executed as of the day and year first herein above set forth. 1'HL WELD COUNTY BOARD UNIVERSITY OF COLORADO COUNTY COM IISIONERS BUENO CENTER , n, David F. g, • 10/ 3/2003 Aragoq r ��. `nUENO High School Equivalency Program Attest: � r . I . / Clerk to the Boa d , �� 4 ` ,ro .c . � . By: An 4� / N x --g �..f!ii !ts6� . Deputy Clerk to the Board 1 :YR)- MEMORANDUM DATE: October 6, 2003 WI C TO: David E. Long, Chairman Board of Weld County of Commissioners COLORADO FROM: Walt Speckman, Human Services \ -' SUBJECT: Agreement with the University of Colorado - BUENO Center Enclosed for board approval is an Agreement with the University of Colorado BUENO Center for the continuation of General Education Equivalency Diploma (GED) and English as a Second Language (ESL) Programs being held at Employment Services of Weld County. The Agreement identifies the terms and conditions for leased space for the classes. The Agreement is for ten months and the University of Colorado BUENO Center will provide One Hundred and Fifty Dollars ($150.00) per month to help cover the costs of the classes. The term of the Agreement is September 2003, through June, 2004. If you have any questions, please feel free to telephone me at (970) 353-3800, extension 3317 2003-2851 Hello